• Child Maintenance case

I am earning 1.8 L per month but I have 90K of EMI in my monthly salary. Wife is earning more than 80K. Separated more than 2 years. Now she is asking 75K maintenance for kid. Also My monthly expenses is more than 80K...I have only 15K as savings and I am putting 3K of RD for the kid. What will be the maintenance amount
Asked 2 months ago in Family Law
Religion: Hindu

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11 Answers

1)wife is not entitled to Rs 75 K  as maintenance for child 


2) when both are working both have to pay for child maintenance in proportion to their incomes 


3) wife has to produce supporting documents in support of her claim that child expenses is Rs 75,000 per month 

Ajay Sethi
Advocate, Mumbai
90487 Answers
6636 Consultations

5.0 on 5.0

The maintenance amount is calculated based upon the salary and liabilities of the husband. She should also contribute equally to this amount as she is also earning. 

75k is an unreasonable amount and cannot be given.

Maintenance is decided based upon what are expenses of the child.

Rahul Mishra
Advocate, Lucknow
13980 Answers
65 Consultations

5.0 on 5.0

Normally the maintenance amount could be not more than 25% (twenty five percent) of the husband's salary. There are so many factors considered by judges before granting maintenance for spouse and children such as, the actual need and ability of the parties to pay, duration of the marriage, standard of living, earning capacities, education levels, vocational skills and employability of the parties, parental responsibilities for the children, etc.





Shashidhar S. Sastry
Advocate, Bangalore
4578 Answers
269 Consultations

5.0 on 5.0

There's no yardstick to measure the quantum of maintenance amount. 

Generally,  if the wife is also employed,  then the court may grant at least 25% of proven income. 

In your affidavit for assets and liabilities,  you produce the details of your income and entire expenses with supporting statements and documents to convince court to reduce the maintenance amount to the lowest extent possible. 

T Kalaiselvan
Advocate, Vellore
80654 Answers
1740 Consultations

5.0 on 5.0

Irrespective of your liabilities, amount of maintenance will be such as to maintain the standard of living of child which he/she used to be. As wife is earning both will be made to share it in equal proportions.

Ravi Shinde
Advocate, Hyderabad
3637 Answers
42 Consultations

5.0 on 5.0

 Hi, for maintenance there is no hard and fast rule. You have stated your income and expenses based on the same the court fill fix the maintenance.


Pradeep Bharathipura
Advocate, Bangalore
5475 Answers
317 Consultations

4.5 on 5.0

Maintenance amount will be maximum 30% of your net income and not more than that. Plus your wife is earning than your child maintenance will be 10-15k per month.

Ganesh Kadam
Advocate, Pune
12676 Answers
215 Consultations

4.9 on 5.0

- As per law, if wife is earning then she is jointly responsible for the maintenance of the child with her husband. 

- Further, as your net income is less than her income , then you can move an application with affidavit to direct the wife to maintain the child. 

Mohammed Shahzad
Advocate, Delhi
10878 Answers
136 Consultations

5.0 on 5.0

It's not hard and fast rule for.maintenance the court decides the same 

Prashant Nayak
Advocate, Mumbai
29082 Answers
113 Consultations

4.1 on 5.0

Dear client According to the orders of the Supreme Court of India, 25% of the net income of the husband has to be granted to the wife as a benchmark.

Anik Miu
Advocate, Bangalore
6256 Answers
68 Consultations

4.9 on 5.0


it is the court to decide the maintenance amount for the child. the court after looking at the accounts of both the parties can take a step ahead with it.

you can ask for relief in the court since you already have EMI going on which needs to be paid monthly.

also your facts are incomplete, we need to look at the minute details as well before telling you the actual figure. thanks,

Riti Gupta
Advocate, Mohali
16 Answers

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